Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 42.13

42.13.1     Unless a Justice or the Registrar otherwise orders or directs, the core appeal book must be prepared by the appellant in accordance with this rule.

42.13.2     The contents of the core appeal book must be arranged in the following order:

  (a)   in a civil case--documents in the primary court or tribunal, arranged in the following order:

  (i)   if a decision of a tribunal is the subject of review--the decision and any reasons for the decision;

  (ii)   reasons of the primary court;

  (iii)   sealed order or judgment of the primary court;

  (b)   in a criminal case--documents in the primary court, arranged in the following order:

  (i)   indictment;

  (ii)   transcript of entry of plea of guilty, or summing up or charge;

  (iii)   transcript of entry of verdict;

  (iv)   Judge's remarks on sentencing;

  (c)   documents in the court below, arranged in the following order:

  (i)   notice of appeal or application for leave to appeal;

  (ii)   reasons;

  (iii)   sealed order or judgment;

  (iv)   the index to the appeal book or documents before the court below;

  (d)   documents in this Court, arranged in the following order:

  (i)   the order granting leave or special leave to appeal or referring the application to an enlarged Court;

  (ii)   the notice of appeal;

  (iii)   any notice of cross - appeal filed in accordance with rule   42.08;

  (iv)   any submitting appearance filed by a respondent;

  (e)   any other document directed by the Registrar to be included in the core appeal book.

42.13.3     The core appeal book must be reproduced by a process that gives uniform copies of pages in a clear and legible type.

42.13.4     The pages of the core appeal book must be numbered consecutively.

42.13.5     The pages of the core appeal book must be international size A4 and must be reproduced in separate volumes of not more than 500 pages.

42.13.6     Each volume of the core appeal book must include:

  (a)   a title page setting out the following:

  (i)   the full and correct title of the proceedings, including the title of the court below;

  (ii)   the volume number;

  (iii)   the names of the solicitors for each party; and

  (b)   after the title page, an index consisting of a complete list of documents included in the core appeal book stating:

  (i)   the page of the book on which each document starts; and

  (ii)   if there are 2 or more volumes, subheadings marking the appropriate volume numbers.

42.13.7     Each page of the core appeal book must have a 2.5 cm margin on each side and every tenth line must be numbered in the left margin.

42.13.9     The core appeal book must be prepared and produced in a manner satisfactory to the Registrar.

42.13.10     Unless a Justice or the Registrar otherwise orders or directs, the appellant must, within 21 days after filing the notice of appeal:

  (a)   file the core appeal book; and

  (b)   serve the core appeal book on each respondent who has filed a notice of appearance.